Four Police Encounters Started With Almost Nothing — Then the Body Cameras Changed Everything

Four Police Encounters Started With Almost Nothing — Then the Body Cameras Changed Everything

Chapter 3

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Everett then asked what Swanson was doing.

Swanson essentially answered that the officer could see exactly what he was doing—recording—and said he did not intend to explain his purpose.

Then he attempted to leave.

Everett told him to stay.

That transformed a voluntary conversation into a detention.

Swanson immediately asked the question that defined the rest of the encounter:

“Am I being detained?”

Everett said yes.

“For what?”

The officer explained that there had been a call regarding suspicious activity at the armory and that he wanted to investigate what Swanson was doing. He asked for identification.

Swanson challenged the detention.

He repeatedly insisted that police needed reasonable suspicion connecting him to criminal activity before preventing him from leaving and compelling identification.

Everett continued asking questions.

Swanson continued refusing.

A second officer arrived.

The conversation became less cooperative.

What made the footage compelling was that Swanson did not hide what he was doing. He openly stated his legal position. He announced that he intended to remain silent. He repeatedly asked whether he was free to go.

He was told he was not.

The officers appeared to believe that the suspicious nature of filming around a military-related facility justified stopping him long enough to identify and investigate him.

Swanson believed that merely filming from a place where he was lawfully present did not establish the necessary suspicion of a crime.

The disagreement moved from words to handcuffs.

Everett told Swanson that he would follow commands or go to jail.

Swanson asked for a supervisor.

Everett answered that he was the supervisor.

Then officers ordered Swanson to place his hands behind his back and go to the ground.

Swanson continued declaring the detention illegal while insisting he was not resisting.

His backpack was searched.

He was arrested.

The obstruction charge that followed was later dropped.

Then Swanson sued.

According to the account, he prevailed and received $36,000 in damages.

Compared with the other settlements, that number was smaller.

The principle was not.

Police receive suspicious-person calls constantly. Some involve nothing illegal. Others turn into serious crimes. Officers are expected to investigate without knowing in advance which category they are facing.

But an investigation does not automatically mean every person must identify himself simply because somebody else considered his activity unusual.

That is where articulable facts matter.

What specific crime is suspected?

What about this person’s conduct connects him to it?

Is the encounter voluntary, or has the person been told he cannot leave?

Those questions are easy to discuss in a classroom.

They become much more difficult when an officer has already decided the quickest way to resolve uncertainty is simply to get a name.

The Swanson footage captured exactly what happens when those two views collide.

He believed no crime meant no detention.

The sergeant believed the circumstances warranted investigation.

Neither backed down.

The difference was that one of them had handcuffs.

Then came the bonus case.

And unlike the first four, it became notorious not primarily because of force, mistaken identity, or an argument over constitutional doctrine.

It became notorious because of a coin flip.

In April 2018, Sarah Webb was driving to work in Roswell, Georgia, when Officer Courtney Brown stopped her for speeding on wet roads.

Webb apologized.

She said she was late for work.

Brown believed Webb had been traveling extremely fast—possibly more than eighty miles per hour on a road with a much lower limit. The officer had not captured the speed using radar, according to the account, but believed she could support the allegation through pacing and her own observations.

The roads were wet.

Brown considered the driving dangerous.

A speeding citation would have been unsurprising.

A reckless-driving charge could also potentially have been considered depending on what the evidence supported.

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Four Police Encounters Started With Almost Nothing — Then the Body Cameras Changed Everything

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